Redundancy – A Breakdown

Can you claim if your employer does not follow the Consultation procedure?

-Yes, you can.

Employees also have a right to be consulted by their employer if their employer proposes to make a redundancy, if the employer proposes to make 20 or more employees redundant, at one establishment, over a period of 90 days or less.

Failure to comply with the consultation requirements could lead to a claim for compensation and this is known as a protective award. Employers are required to consult with the appropriate representatives of any of the employees who may be affected with a view to reaching an agreement.

Consultation should begin in good time and must start :

1. At least 30 days before the first dismissal takes place if 20 or 90 employees are to be made redundant; or
2. At least 45 days before the dismissal takes effect if 100 or more employees are to be made redundant at one establishment over a period of 90 days.